[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 97-1390

PAUL W. TUNNICLIFF,

Appellant,

v.

DENIS MORIARTY, JR.,

Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Michael A. Ponsor, U.S. District Judge]

Before

Selya, Boudin and Stahl, Circuit Judges.

Philip M. Stone on brief for appellant. Paul M. Cranston and Cranston & Cranston, P.C. on brief for appellee.

September 25, 1997

Per Curiam . We have carefully reviewed the parties'

briefs and the record on appeal. We affirm on grounds that

appellee Moriarty neither wilfully violated the stay nor caused

appellant Tunnicliff's injuries.

Affirmed. Loc. R. 27.1.

The request in Appellee's brief for costs is denied insofar as it arises under Fed. R. App. P. 38. Appellee may be awarded costs under Fed. R. App. P. 39 by complying with the procedures stated therein.

-2-